Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Krajniw v Brisbane City Council (No 2) [2011] FCA 563 Citation: Krajniw v Brisbane City Council (No 2) [2011] FCA 563
Parties: TONY KRAJNIW v BRISBANE CITY COUNCIL and CIVIL MINING AND CONSTRUCTION PTY LTD
File number: QUD 310 of 2010
Judge: DOWSETT J
Date of judgment: 30 May 2011
Catchwords: ENVIRONMENT LAW – motion for summary dismissal pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) – operation of s 475 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – operation of ss 18 and 18A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – meaning of significant impact – effect of the bilateral agreement between the State and Commonwealth on legal obligations imposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 18, 18A, 45, 46, 48, 48A 475, 481, 496C, 527E Federal Court of Australia Act 1976 (Cth) s 31A
Cases cited: Booth v Bosworth (2001) 114 FCR 39 cited Minister for the Environment & Heritage v Greentree (No 2) (2004) 138 FCR 198 cited Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCA 113 cited Department of Environment, Water, Heritage and the Arts, Significant Impact Guidelines (Department of Environment, Water, Heritage and the Arts 2009) http://www.environment.gov.au/epbc/publications/pubs/nes-guidelines.pdf viewed 24 March 2011
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